Current through Register Vol.. 38, No. 17, April 11, 2022
The permit may, when appropriate, specify a schedule of compliance leading to
compliance with the law, the CWA and regulations.
1. Any schedules of compliance under this
section shall require compliance as soon as possible, but not later than the
applicable statutory deadline under the CWA.
2. The first VPDES permit issued to a new
source or a new discharger shall contain a schedule of compliance only when
necessary to allow a reasonable opportunity to attain compliance with
requirements issued or revised after commencement of construction but less than
three years before commencement of the relevant discharge. For recommencing
dischargers, a schedule of compliance shall be available only when necessary to
allow a reasonable opportunity to attain compliance with requirements issued or
revised less than three years before recommencement of discharge.
3. Schedules of compliance may be established
in permits for existing sources which are reissued or modified to contain new
or more restrictive water quality-based effluent limitations. The schedule may
allow a reasonable period of time for the discharger to attain compliance with
the water quality-based limitations.
Except as provided in subdivision B 1 b of
this section, if a permit establishes a schedule of compliance which exceeds
one year from the date of permit issuance, the schedule shall set forth interim
requirements and the dates for their achievement.
a. The time between interim dates shall not
exceed one year, except that in the case of a schedule for compliance with
standards for sewage sludge use and disposal, the time between interim dates
shall not exceed six months.
the time necessary for completion of any interim requirement is more than one
year and is not readily divisible into stages for completion, the permit shall
specify interim dates for the submission of reports of progress toward
completion of the interim requirements and indicate a projected completion
5. The permit
shall be written to require that no later than 14 days following each interim
date and the final date of compliance, the permittee shall notify the
department in writing of its compliance or noncompliance with the interim or
final requirements, or submit progress reports if subdivision 4 b of this
subsection is applicable.
A VPDES permit applicant or permittee may
cease conducting regulated activities (by terminating of direct discharge for
VPDES sources) rather than continuing to operate and meet permit requirements
If the permittee decides to
cease conducting regulated activities at a given time within the term of a
permit which has already been issued:
permit may be modified to contain a new or additional schedule leading to
timely cessation of activities; or
b. The permittee shall cease conducting
permitted activities before noncompliance with any interim or final compliance
schedule requirement already specified in the permit;
2. If the decision to cease conducting
regulated activities is made before issuance of a permit whose term will
include the termination date, the permit shall contain a schedule leading to
termination which will ensure timely compliance with applicable requirements no
later than the statutory deadline;
If the permittee is undecided whether to
cease conducting regulated activities, the board may issue or modify a permit
to contain two schedules as follows:
schedules shall contain an identical interim deadline requiring a final
decision on whether to cease conducting regulated activities no later than a
date which ensures sufficient time to comply with applicable requirements in a
timely manner if the decision is to continue conducting regulated
b. One schedule shall
lead to timely compliance with applicable requirements, no later than the
c. The second
schedule shall lead to cessation of regulated activities by a date which will
ensure timely compliance with applicable requirements no later than the
statutory deadline; and
permit containing two schedules shall include a requirement that after the
permittee has made a final decision under subdivision 3 a of this subsection it
shall follow the schedule leading to compliance if the decision is to continue
conducting regulated activities, and follow the schedule leading to termination
if the decision is to cease conducting regulated activities; and
4. The applicant's or permittee's
decision to cease conducting regulated activities shall be evidenced by a firm
public commitment satisfactory to the board, such as a resolution of the board
of directors of a corporation.
9 Va. Admin.
Derived from Virginia
Register Volume 12, Issue 20, eff. July 24, 1996; Amended,
Register Volume 35, Issue 25, eff.
Statutory Authority: §
of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122,
123, 124, 403, and 503.